Ybarra v. Spangard

Ybarra (plaintiff) went in for a routine appendectomy performed by one doctor at a hospital owned by another, with a third doctor anesthetizing him beforehand by positioning him against hard objects supporting his neck and shoulders. He awoke with severe neck and shoulder pain that worsened into paralysis and loss of function in his right arm — an injury to a healthy area unrelated to his surgery. He sued all the doctors involved (defendants) under res ipsa loquitur, but the trial court granted nonsuit, reasoning the doctrine couldn't apply when multiple defendants and instrumentalities were involved and the injury couldn't be traced to any one of them specifically.

Whether an action for damages based on res ipsa loquitur may be brought when an injury is caused by multiple defendants and instrumentalities and cannot easily be traced to any one of them.